There is Something about Marrying… The Case of Human Rights vs. Migration Regimes using the Example of Austria

Irene Messinger
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Irene Messinger: Department for Political Sciences, Alumna University of Vienna, Vienna, 1090, Austria

Laws, 2013, vol. 2, issue 4, 1-16

Abstract: States pursue various juridical strategies to prevent ‘marriages of convenience’ seen as undermining tightening migration regimes. This article examines how Austrian Alien Law constitutes entering into such a marriage as a criminal offense and looks at the legal proceedings in district courts in Vienna where most cases of alleged ‘marriages of convenience’ are being dealt with. It also studies the work of the Viennese branch of alien police investigating into this offense. These practices are often in conflict with Article 8 and 12 of the European Convention of Human Rights, granting the right to respect for private and family life and the right to marry.

Keywords: Austria; Alien Law Act; bi-national marriage; migration regulations; Article 8 ECHR; Article 12 ECHR; marriage of convenience (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2013
References: View complete reference list from CitEc
Citations: View citations in EconPapers (1)

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Persistent link: https://EconPapers.repec.org/RePEc:gam:jlawss:v:2:y:2013:i:4:p:376-391:d:29258

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